Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court being the final court of fact is fully competent to re-appreciate, reconsider and review the evidence and take its on decision - Law does not prescribe any limitation, restriction or condition on exercise of such power and Appellate Court is free to arrive at its own conclusion keeping..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Dismissal of SLP by Supreme Court by a no, speaking order without any contest by other side at the stage of admission - Not a bar for maintainability of review petition in High Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Partition suit - Suit decreed in favour of plaintiffs by High Court holding that Will alleged by defendants in their favour to the exclusion of wife of testator is not true and valid - Defendant contended that suit wrongly decreed as wife of testator does not complain about not getting any property under Will and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is not necessary for a person to first apply U.O.9.R.13 CPC for setting aside ex parte decree - He has both options either to file an appeal or review or an application for setting aside ex-parte decree - It is open to defendant who filed an appeal against ex-parte decree u/s 96(2) CPC to..........
Land Acquisition Act, 1894, Section 5A, 4, 6, 11 - - Acquisition of land - Natural justice - Judicial review - Held, principles of natural justice is an in built element of procedure but per se violation of these principles would not ipso facto vitiate proceedings unless any prejudice is shown to have been caused to parties - Also judicial review of administrative decision..........
Punjab Police Service Rules, 1959, Rule 10 - - Judicial Review - Doctrine of stare decisis - At instance of promotee officers in same service who had questioned validity of R.10, Court decided that quota rule had to be applied not only at stage of initial recruitment, but also at stage of confirmation - Now another set of promotees now feel that aforesaid interpretation..........
Criminal Procedure Code, 1973, Section 362 -- Recall or review of order - Order acquitting petitioner dictated in open court but had not been signed - Held, in view of S.362 Cr.P.C., recall of order by High Court is proper...........
Criminal Procedure Code, 1973, Section 362 -- Court not to alter judgment - Order framing charge - Once charges have been framed, trial has to be brought to its logical end - There cannot be a review or recall of an order...........
Constitution of India, 1950, Article 32, 21, 161, 72 -- Power to grant pardon, commute sentence etc. - Held, subject to limited judicial review to ensure that constitutional authorities consider all relevant materials before arriving at a conclusion...........
Constitution of India, 1950, Article 32, 21, 72, 161, Indian Penal Code, 1860, Section 53, 302 -- Death sentence - Delay in execution - Held, it is violative of Art.21 - Contention that matter must be referred back to executive and a decision must not be taken in judicial side liable to be rejected since it is not a question of judicial review but of protection of..........
